Mr. Star Case Study - Law Assignment Help

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Assignment Task

 

Problem Question:
You have been approached by a new client, Jindal Pvt Ltd (JPL), for legal advice on several issues.
The CEO of JPL Mr. Shaun Star has provided you with some preliminary issues faced by the company and has requested you to prepare a legal advice for him and the firm.
Mr. Star has informed you of the following:
JPL was incorporated in India in 2020. Jindal India Pvt Ltd (JIPL) is the holding company of JPL (JPL is a wholly owned subsidiary of JIPL). JPL manufactures surgical marks and other personal protective equipment (PPE). As a result of the pandemic, there has been a surge in demand of surgical masks and personal protective equipment. JPL’s growth has been exponential.
Currently, JPL owns and runs 4 factories that are located across four states in India (Delhi, Punjab, Gujarat, and Uttar Pradesh). They also have 50 retail outlets across the country which sell their products in five states (Delhi, Maharashtra, Uttar Pradesh, Haryana, and Karnataka).
They also sell protective masks online directly to customers via their website and other online consumer marketplaces. The head offices of JPL and JIPL are both located in Delhi, in the same office building. 
Mr. Star has asked you to provide advice on:
a. The requirements for JPL from a corporate governance perspective in India. In particular, the client would like to know how many directors are required to be on their board and what the composition of the board should be, what the process for resignation/appointment of directors is etc.
b. Any applicable laws to ensure compliance with licensing and registration for their factories and shops, and applicable penalties for non-compliance.
c. Any potential legal issues regarding seeking funds and issuing shares to JIPL.
In particular, the client would like to know whether the proposed fundraise would constitute a related party transaction, and if so whether s188 of the Companies Act would apply (and what requirements they must consider in order to ensure compliance with applicable law).
Please note that Mr. Star has assured you that the AOA, MOA, audited accounts and board meeting minutes will be made available to you when you visit the head office, but they will not be made available to you prior to you preparing this preliminary legal advice.
Please write a legal advice of no more than 1,500 words. In your advice, please note any potential legal issues that may arise (noting the applicable laws), what steps JPL can take to ensure compliance and any penalties for non-compliance. If you need any additional information from Mr. Star in order to provide him with more comprehensive advice on these issues, please let him know in your letter to him. 

 

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